2005 North Carolina Code - General Statutes Article 4 - Farm Names.

Article 4.

Farm Names.

§ 80‑33.  Registration of farm names authorized.

Any owner of a farm in the State of North Carolina may have the name of his farm, together with a description of his lands to which said name applies, recorded in a register kept for that purpose in the office of the register of deeds of the county in which the farm is located, and the register of deeds shall furnish to such landowner a proper certificate setting forth the name and description of the lands. (1915, c. 108, s. 1; C.S., s. 4004.)

 

§ 80‑34.  After registry, similar name not registered.

When any name has been recorded as the name of any farm in  such county, the name, or one so nearly like it as to produce confusion, shall not be recorded as the name of any other farm in the same county. (1915, c. 108, s. 1; C.S., s. 4005.)

 

§ 80‑35.  Distinctive name required.

No name shall be registered as the name of a farm where such proposed name or one so nearly like it as to produce confusion has been so used in connection with another farm in the same county as to become generally known prior to March 5, 1915, unless the name used has also prior to March 5, 1915, become well known as the name of the farm proposed to be registered; and in this event two or more farms in the same county may be registered with the same name with some prefix or suffix added to distinguish them. (1915, c. 108, s. 2; C.S., s. 4006.)

 

§ 80‑36.  Application for registry; publication and hearing.

Before a name shall be registered the clerk shall have publication made at least once a week for four weeks in some secular newspaper published in the county, if one is so published, and if one is not so published, then one having a general circulation in the county, giving the name of the applicant, the proposed name of registration and a sufficient description to identify the farm and the time of the return; and if the owner or clerk knows of another farm in the county of the same or very similar name, a summons shall be served on the owner thereof at least 10 days before the return day. On the return day any person, firm or corporation may file claim to the name, and the clerk may pass upon the claim and award the name to any party, with the right to appeal by the aggrieved party to the superior court  within 10 days, as in other cases, and on such appeal the judge shall  decide the matters unless a jury be demanded by some party. (1915, c. 108, s. 2; C.S., s. 4007.)

 

§ 80‑37.  Fees for registration.

Any person having the name of his farm recorded as provided in this Article shall first pay to the register of deeds a fee of one dollar ($1.00), which fee shall be paid to the county treasurer as other fees are to be paid to the county treasurer by such register of deeds: Provided, that in counties where the fee system obtains, the fees herein mentioned shall go to the register of deeds of such counties. (1915, c. 108, s. 3; C.S., s. 4008.)

 

§ 80‑38.  When transfer of farm carries name.

When any owner of a farm, the name of which has been recorded as provided in this Article, transfers by deed or otherwise the whole of such farm, such transfer may include the registered name thereof; but if the owner shall transfer only a portion of such farm, then, in the event, the registered name thereof shall not be transferred to the purchaser unless so stated in the deed or conveyance. (1915, c. 108, s. 4; C.S., s. 4009.)

 

§ 80‑39.  Cancellation of registry; fee.

When any owner of a registered farm desires to cancel the registered name thereof, he shall state on the margin of the record of the register of such name the following: "This name is canceled and I hereby release all rights thereunder," which shall be signed by the person canceling such name, and attested by the register of deeds. For such latter service the register of deeds shall charge a fee of twenty‑five cents (25¢), which shall be paid to the county treasurer as other fees are paid to the county treasurer by him. (1915, c. 108, s. 5; C.S., s. 4010.)